Search Results

1. Auckland Standards Committee v Reid [2016] NZLCDT 11 [pdf, 228 KB]

   ...the need to maintain professional standards required that the respondent be prohibited from practice. The respondent’s position [9] Counsel for the respondent accepted the inevitability that strike-off should follow the respondent’s guilty plea to these charges. The respondent addressed the Tribunal and apologised to the profession, his former clients, the public and to the Tribunal for his conduct. He emphasised (as he had previously done in writing) that it was his intenti...

2. CM-Position-Profile-Updated-2021.docx [docx, 31 KB]

   ...expands upon that of Justices of the Peace. Community Magistrates have jurisdiction to conduct defended hearings for a wide range of non-imprisonable offences. Community Magistrates can also impose sentences on persons who have been found guilty of or pleaded guilty to certain minor imprisonable offences. Community Magistrates do not have the power to imprison offenders, but they may impose a range of other sentences, such as reparation, community-based sentences (such as community detention o...

3. [2013] NZEmpC 47 Dell v ABC01 Ltd (formerly Primary Heart Care Ltd) [pdf, 57 KB]

   ...set out in that earlier judgment, and because Parliament has not provided the Court with a statutory scheme to make effective orders for imprisonment of non-compliers, I decline to make an order for Mr Hinchcliff’s imprisonment. Mr Dell’s pleas for that outcome come close to asking for imprisonment for debt and that is not how debts are punished and enforced any longer. I reiterate also what I explained to Mr Dell, that the compliance order made against Mr Hinchcliff does not...

4. 2023 NZPSPLA 078 [pdf, 88 KB]

   ...certificate of approval. Mr Alaiasa is advised that the cancellation of his certificate of approval is grounds for disqualification under s 62(h) of the Act for the next 7 years. The convictions that are the likely result of Mr Alaiasa’s guilty pleas on the offences of violence charges will be further grounds for disqualification for 7 years. [13] Mr Alaiasa can however reapply for a certificate of approval within the 7-year period, but to be successful with such an application he...

5. Hawkes Bay Standards Committee v Clarkson [2014] NZLCDT 29 [pdf, 161 KB]

   ...others who were either a complainant or involved in the investigation committee. [16] She finally referred to her depression as the cause of her failures, a theme which she repeated to the Tribunal at the hearing. She advanced this theme as a plea for leniency and against the ultimate sanction of strike off. [17] The Tribunal has regard to the combined effect of the following factors; (a) The nature and gravity of the offending; (b) Ms Clarkson’s unsatisfactory response and eng...

6. LCRO 154/2019 RR v WS (28 February 2020) [pdf, 82 KB]

   ...some practical boundaries. [12] There is no evidential basis on which to be satisfied that Mr WS did not attend, as he says, on Mr RR’s matter on 17 separate occasions. It is also evident from the materials that Mr RR did not enter a guilty plea at the earliest opportunity, although Mr WS says that had been his expectation when he quoted his fee. That expectation would have affected the amount of the fee quoted. In my view, Mr WS could have charged more, but sensibly did not,...

7. Modifying-the-Sentencing-Reinstating-Three-Strikes-Amendment-Bill_FINAL.pdf [pdf, 876 KB]

   ...the new regime.1 Relation to government priorities 2 The Bill delivers on the National-ACT coalition agreement action to reinstate the three strikes sentencing law, while tightening the definition of strike offences and ensuring some benefit for pleading guilty. This forms part of the Government’s commitment to restoring law and order and ensuring appropriate consequences for offending. Executive Summary 3 The Bill is currently before the Justice Committee. This paper asks Cabin...

8. CM-Position-Profile-2024 [docx, 41 KB]

   ...expands upon that of Justices of the Peace. Community Magistrates have jurisdiction to conduct defended hearings for a wide range of non-imprisonable offences. Community Magistrates can also impose sentences on persons who have been found guilty of or pleaded guilty to certain minor imprisonable offences. Community Magistrates do not have the power to imprison offenders, but they may impose a range of other sentences, such as reparation, community-based sentences (such as community detention o...

9. OIA-Youth victim data [pdf, 304 KB]

   ...victims serve jail time compared to those who receive alternative punishments (e.g., community service, rehabilitation programmes)? 7. Discounts on Punishments for Offenders o What are the most common reasons for sentencing discounts (e.g., guilty pleas, cooperation with authorities) in cases involving young victims of abuse? 8. Early Release or Sentence Reduction for Offenders o How many offenders in cases involving young abuse victims are released early or have their sentences reduced (e....

10. OIA-Ministerial Advisory Group on retail crime [pdf, 304 KB]

    ...victims serve jail time compared to those who receive alternative punishments (e.g., community service, rehabilitation programmes)? 7. Discounts on Punishments for Offenders o What are the most common reasons for sentencing discounts (e.g., guilty pleas, cooperation with authorities) in cases involving young victims of abuse? 8. Early Release or Sentence Reduction for Offenders o How many offenders in cases involving young abuse victims are released early or have their sentences reduced (e....